Victorian Hospitals’ Industrial Association Summary

[2022] FWCA 3828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2022/4438)

Doctors in Training (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022-2026

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 NOVEMBER 2022

Application for approval of the Doctors in Training (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022-2026.

An application has been made for approval of an enterprise agreement known as the Doctors in Training (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian Hospitals’ Industrial Association. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that clause 63.4(a)(i) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Salaried Medical Officers Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2022. The nominal expiry date of the Agreement is 28 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association (VHIA) brought an application for approval of the Doctors in Training (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022-2026. The application was brought before the Fair Work Commission, and the respondents included various unions and employer associations. The dispute centred on the terms of the proposed enterprise agreement, including remuneration, working conditions, and dispute resolution mechanisms for doctors in training within the Victorian public health sector.

The central legal issue was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and interests, and whether it was a "better off overall test" for the employees. The Commission had to determine whether the agreement provided fair and reasonable terms and conditions for doctors in training, and whether it met the criteria for approval under the relevant statutory framework.

In its decision, the Commission carefully reviewed the proposed terms and conditions of the enterprise agreement, taking into account the interests of both the employers and the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions for doctors in training, and that it met the criteria for approval under the Fair Work Act 2009. The Commission was satisfied that the agreement was a "better off overall test" for the employees and was in compliance with the relevant statutory requirements.

The Fair Work Commission approved the Doctors in Training (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022-2026, effective from 1 July 2022. The approval ensures that the agreement will govern the terms and conditions of employment for doctors in training within the Victorian public health sector for the next four years.

Victorian Hospitals’ Industrial Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established